CHANDIGARH: The Punjab and Haryana high court has slammed the Haryana Staff Selection Commission (HSSC) for filing “frivolous objections” in contesting a petition filed by a job seeker, asking it “to be careful in future”.
The court has not taken any strict action as the commission secretary who filed the “frivolous” replies has already retired.
The commission had concealed some material from the court and informed it that the petitioner had applied under the SC (Scheduled Caste) cate-gory despite him doing so under the ex-servicemen (general) category.
“Perusal of the HSSC reply would show that an objection has been taken in para 2 that the petitioner is not entitled to invoke the extraordinary writ jurisdiction of this court under Articles 226/227 of the Constitution as no fundamental right of the petitioner has been infringed.
After concealing the judgment of this court, such kind of frivolous objections which are taken by the respondent —the commission — are highly deprecated,” the courthas said. “…in para 3 of the reply, it has been so stated by the secretary of the commission that the petitioner applied under the SC category, which is totally incorrect, as the petitioner had applied under the ESMGeneral Category and his application form is already annexed with the petition which shows that he applied in ExServicemen Category. This court is taking a lenient view for passing any order against the secretary who has filed the reply considering the fact that he has already retired. However, this court directs the HSSC to be careful in future while filing a reply in this court and to ensure that nothing material is concealed,” Justice Jasgurpreet Singh Puri has held in his recent order on a petition.
Panel to ‘screen’ issues, forward them to EC: CM
While leaving the fate of the decisions to the poll panel, the CM exuded optimism they would go through eventually. “We are sure to form the govt on Oct 4 and we shall have the first meeting of the House on Oct 6, where we will pass all these proposals,” Saini said.
Possibly aware of the model code hurdles, the CM said his govt would form a three-member committee of secretaries to “screen” issues and forward them to the EC through chief electoral officer (CEO) Pankaj Aggarwal.
The CEO described the screening committee, led by the state chief secretary, as a routine practice after imposition of model code to get clearance for urgent matters that may halt routine functioning of govt departments. Former CM and leader of opposition, Congress’s Bhupinder Singh Hooda, accused the Saini govt of trying “to befool people”.
“They had sufficient time to do all this in the past 10 years. What stopped them in doing so? Now, since they know about their fate in the elections, they are resorting to these acts. Else, the model code of conduct means total bar,” said Hooda.
A key move cleared by the Saini-led cabinet included reservations in promotions to SCs within the quota in accordance with recent directions of the apex court and recommendations of the SC Commission.
Another pertains to a tweak in reservations for backward classes (BC) in civic and panchayat bodies, and an increase in non-creamy layer cap. BJP had played the BC card by anointing Saini as CM earlier this year, replacing Manohar Lal Khattar. Since then, Saini has been trying to reach out to all sections, especially SCs and govt employees. The govt had last week formalised job security for 1.2 lakh contractual employees.
CEO Aggarwal said none of Saturday’s cabinet decisions had come to him so far. “Let the screening committee send them to us and we will forward them to the EC. Rest is the call of the EC,’’ Aggarwal added.